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Synopsis

A Special NIA Court on Thursday rejected the bail plea filed by Gautam Navlakha in the Bhima Koregaon violence.

This comes after a division bench of the Bombay High Court on March 2, 2023 quashed the order of the special court rejecting the bail plea of Navlakha and directed the Special Court to hear the bail plea afresh. The high court had also directed the special court to decide the bail plea within 4 weeks.

“ASG fairly conceded that the bail application be remanded to the trial court. In view of the observation made by us, present bail application requires remand for fresh hearing. Accordingly order dated September 5 is set aside and bail application is restored to file. The special judge is requested to conclude within 4 weeks without being influence of impugned order and this order” the high court had ordered.

The high court’s order noted that the special court had not given proper reasons for the rejection of bail.

“Trial court has not given reasons required under Section 43D(5) while rejecting the bail application of appellant It appears that the order of Supreme Court's in Watali's case has not been considered while rejecting the bail application. Reasoning stated in the order is very cryptic and there is no analysis of evidence relied by the prosecution in it” the high court order read.

Special Judge Rajesh Katariya of the Special NIA Court after hearing both parties afresh passed the order rejecting the bail plea of Gautam Navalkha.

Navlakha, who is accused of having Maoist links was allowed to be shifted from Taloja Central Prison due to medical ailments. Navlakha was arrested by Pune police from Delhi on August 28, 2018 in connection with the Elgar Parishad case. He was initially kept under house arrest but subsequently sent to judicial custody in Taloja Central Prison in April 2020 after a Supreme Court order.

In April 2022, the Bombay High Court dismissed the plea moved by Navlakha, seeking direction to be placed under house arrest till the completion of the trial. He had also demanded transfer from Taloja Prison on grounds of his advanced age and medical ailments.

The high court had opined that considering the gravity and serious nature of the crime, Navlakha did not qualify for his detention under house arrest

In November 2022 the Supreme Court allowed Navlakha’s plea to be placed under house arrest due to his medical condition for a period of one month which was subsequently extended by the Supreme Court.

Case Title: Gautam Navlakha vs National Investigating Agency